by Matthew Behrens
Source: The Caravan to End Canadian Involvement in Torture
URL: N/A
Date: May 12, 2008
The Caravan visits CSIS Headquarters in Ottawa, May 2008.
Photo by Murray Lumley.
Breaking the Silence: Reflections from the Road on the Caravan to End Canadian Involvement in Torture
(A selection of photos from the Caravan appear at
[link] )
At the bottom of this article are four links to video footage of the Caravan, including an interview with Muayyed Nureddin, as well as information on follow-up actions to end Canadian complicity in torture)
May 10, 2008 -- As members of the Caravan to End Canadian Involvement in Torture reached their final stopping point May 7 at the national headquarters of the Canadian Security Intelligence Service (CSIS), agitated spies in the massive architorture structure in east-end Ottawa simply pulled the blinds.
It was a fitting symbolic gesture consistent with the thematic continuum that greeted Caravan members during their eight day journey through Central and Eastern Ontario as they confronted sites of Canadian complicity in torture. A combination of denial and transfer of responsibility to some other party typified responses of government and corporate officials who refused dialogue and met caravan members with lines of police and RCMP, surveillance cameras, and locked office doors.
While not surprising -- who wants to admit that they are complicit in torture? -- the closed-door response seemed to prove one of the points of the Caravan: the hallmarks of openness, transparency, and accountability that serve as the foundation of democracy get shut down when infected by such noxious practices as torture and complicity in human rights abuses.
The Caravan sought to break the silence around such complicity, including the training and teaching relationship the Canadian government holds with the U.S.-based “School of the Assassins”, ongoing efforts to deport refugees to torture from Canada, the government’s refusal to condemn the Guantanamo Bay detention centre, Canada’s role in hosting potential CIA rendition to torture flights, the Canadian rendition to torture of Algerian refugee Benamar Benatta on September 12, 2001, and Canada’s subcontracting the torture of Canadian citizens in Syria, Egypt, and Sudan, among many other issues.
by Diana Younes Source: TheCourt.ca URL: [link] Date: May 12th, 2008
A central objective and guiding principle in Canadian immigration policy has been the management of migration flows. At the core is a balance between two broad interests; state sovereignty and security versus the basic human right to mobility and to shelter from persecution. While the first set of interests has historically dominated in Canadian immigration laws, the advent of the point system in the Immigration Act in 1967 and the birth of the Canadian Charter of Rights and Freedoms in 1982 have been touted as markers of a new modern era that offers constitutional rights to foreign nationals and leverages human rights. However, this does not conclude the story.
Today, despite the often positively cited Charkaoui v. Canada (2007) SCC 9 decision and the legislative amendments of Bill C-3 to the Immigration and Refugee Protection Act (IRPA) on February 14, 2008, the current state of the law maintains a propensity to diminish the right of refugees to freedom of association guaranteed by Section 2(d) of the Charter.
When issued a certificate of inadmissibility on security grounds, one faces two vague terms of allegation. One is “terrorism” and the other is “being a member” of an organization that there are reasonable grounds to believe engages in, has engaged in or will engage in terrorism (IRPA Section 34(1)(f)). The courts have continually refrained from defining “membership” and only recently has the Supreme Court adopted a definition for “terrorism” that was borrowed from the Convention against Torture and Other Cruel and Inhumane Punishment. By allowing the meaning of “membership” to remain elusive the courts have effectively subordinated Section 2 Charter rights and in specific, Section 2(d): Freedom of association.
by Andrew Duffy Source: The Ottawa Citizen URL: [link] Date: May 04, 2008
The Ottawa Presbytery of the United Church of Canada has called on the federal government to offer fair trials to the five men -- including Ottawa's Mohamed Harkat -- who now face secretive security certificate hearings.
The security certificate legislation, which was redrafted earlier this year, gives the federal government the right to arrest and detain foreign-born terror suspects. Canadian citizens must be charged under the Criminal Code if they are suspected of terrorist activity.
In an open letter, Rick Balson, chairman of the Ottawa presbytery, says it is immoral to apply lesser human rights standards to non-citizens: "By this security certificate legislation, we risk repeating the mistakes made when we forced the deportation of Japanese in World War Two and incarcerated many new Canadians during and after World War One."
by Sophie Harkat
Source: Harkatjustice Email List
URL: [link] (subscribers only)
Date: April 26, 2008
Dear friends,
As The World Turns ...come to court and find out...will the Harkats (Sophie & Moe) be forced to continue living with the evil ex-boyfriend who wants out ? Will Moe's strong headed mother-in-law be ordered by the Federal Court to sleep at the residence every night ??? Will The Young & The Restless be able to share a new residence without someone ending at the General Hospital ? Will the loving Anglican priest pass the CBSA (Canadian Border Services Agency) test to become the new supervising surety so Sophie can go to medical appointments alone...without Moe watching over with his big brown eyes during a routine physical ??? The Passion is there to fight against the surveillance cameras...will Sophie and Moe be Dancing with the Stars (Sophie's favourite show) without being watched ???
These are the days of our lives
To find out more come to court:
Wed. April 30th, 2008 at 9:30am
Supreme Court of Canada Building
301 Wellington Street, OTTAWA
by Nigel Morris Source: The Independent (UK) URL: N/A Date: April 10, 2008
The Government's anti-terror strategy suffered a blow yesterday when Abu Qatada, a preacher described as "Osama bin Laden's right-hand man in Europe", won a court battle to stay in Britain.
The Home Office was also forced to abandon plans to deport 12 Libyans suspected of terrorism after the Court of Appeal gave a damning verdict on promises they would not be tortured in their home country.
Tony Blair laid plans to expel terror suspects after the July 7 London bombings by negotiating "memorandums of understanding" (MoUs) with Middle Eastern and north African countries that they would not be harmed. But the policy is in ruins after the court blocked deportation of Abu Qatada to Jordan and of two Libyans.
Britain signed MoUs with Jordan, Libya and Lebanon in 2005, but has struggled to reach agreement with Algeria, the home country for several terror suspects.
Abu Qatada has been convicted of terrorism in his absence in Jordan. He has been in jail in Britain since 2001 as the UK seeks to deport him. But the court registered fears yesterday that evidence that might he used against him in Jordan would be obtained by torture. It also backed the appeals of two Libyans – AS and DD – on the basis that the Government failed to give enough weight to the risk of torture.
Abu Qatada remains in custody as the Home Office contemplates a new appeal against the court decision.
The pressure group Human Rights Watch said: "These cases show the Government should stop trying to deport people to countries whose justice systems are deeply tainted by torture and other abuses."
Source: The Independent
TMLD April 15: No to Secret Trials, Secret Evidence, Indefinite Detention...
TML Daily <[email]> wrote:
April 15, 2008 - No. 56
No to Secret Trials, Secret Evidence, Indefinite Detention and Deportation to Torture!
Abolish Security Certificates
Montreal, February 26, 2008
• No to Secret Trials, Indefinite Detention and Deportation to Torture!
• Federal Court Holds Third Hearing for Security Certificate Detainees Under New Legislation - Christian Legeais, Spokesperson, Justice for Mohamed Harkat Committee
• Secret Hearing to Determine Conflict of Interest for Special Advocates
• Secrecy Piled on Secrecy: Democracy Day in Secret Trials Land - Matthew Behrens, Campaign to Stop Secret Trials in Canada
• Independence Controversy Swirls around New Special Advocates - Cristin Schmitz, The Lawyers Weekly
• Private Member's Bill Tabled to Amend Security Certificate Act
• New Security Certificates Law Escapes Both Public Scrutiny and Democratic Dissent - Wade Deisman and Mike Larsen
• Join the Caravan to End Canadian Involvement in Torture, Toronto-Ottawa, May 1-9, 2008 - Campaign to Stop Secret Trials in Canada
United States
• Charges Against Mohammed Kamal Elzahabi Dropped
Europe
• Court of Human Rights Bans Deportation to Torture
===
Go directly to the CPC(ML) website: [link]
SUBSCRIPTON: You or someone has requested to be added to the TMLD mailing list. If you wish to remove your address, write to [email]
by Don Butler
Source: The Ottawa Citizen
URL: [link]
Date: April 15, 2008
Judge's ruling clears path for Paul Copeland to see secret evidence
A Federal Court judge has cleared the way for lawyers for Mohammed Harkat and three other terror suspects to act as special advocates for their clients in secret evidentiary hearings.
Though the final decision rests with the trial judges in each case, yesterday's ruling by Justice Edmond Blanchard means Paul Copeland is eligible to be appointed as special advocate for Mr. Harkat and Hassan Almrei.
Similarly, lawyer John Norris can be considered for the same role on behalf of terror suspects Mohammad Mahjoub and Mahmoud Jaballah.
Government lawyers had argued that Mr. Copeland and Mr. Norris were in a conflict of interest because they were acting as lawyers for the four men in their security certificate cases.
The government also objected because Mr. Copeland is counsel for Abdullah Almalki and Mr. Norris represents Muayyed Nureddin at the Iacobucci inquiry, which is investigating the cases of three Arab-Canadian men -- Mr. Almalki, Mr. Nureddin and Ahmad Elmaati -- who alleged they were tortured in Syria.
However, the government withdrew its preliminary objections after Mr. Copeland and Mr. Norris undertook to withdraw from those roles if they are appointed as special advocates.
In light of those withdrawals, Judge Blanchard found yesterday the Federal Court no longer had to rule on the alleged conflict of interest.
The undertakings announced yesterday effectively mean any secret information Mr. Copeland and Mr. Norris are exposed to as special advocates cannot be used to help clients involved in related matters.
by Canadian Press Source: The Globe and Mail URL: [link] Date: April 15, 2008
OTTAWA - Legal obstacles have been cleared for two lawyers to become the first special advocates appointed in Canada to protect the rights of accused terrorists.
The federal government dropped its objections to the appointment of Paul Copeland and John Norris after the two lawyers agreed to end their involvement in other national security cases that might have put them in a conflict of interest.
It will be up to the judge designated to hear each case to choose a special advocate for each accused. However, the fact that the government has dropped its objections likely clears the way for Mr. Copeland to act as special advocate for Hassan Almrei and Mohamed Harkat, and for Mr. Norris to represent Mahmoud Jaballah and Mohamed Zeki Mahjoub, all accused of terrorist acts.
All four were initially detained under Canada's secretive security certificate process, under which the government was able to present evidence behind closed doors, without lawyers representing the men.
Last year, the Supreme Court of Canada struck down security certificates as unconstitutional. In response, the government rewrote the law to allow security-cleared lawyers, known as special advocates, to attend the closed hearings, challenge government evidence and protect the rights of the accused.
The agreement struck between the federal government and Mr. Copeland and Mr. Norris was summarized in a Federal Court order yesterday.
The government was concerned that the two lawyers, as special advocates, would be privy to secret information.
In particular, the government insisted neither lawyer be involved in future with the Iacobucci inquiry, which is investigating the claims of three men who say they were tortured in Syria as suspected terrorists.
by Robert Fisk
Source: The Independent (UK)
URL: [link]
Date: April 5, 2008
Westerners assume that anyone with a Canadian passport is safe
I was given the chance to talk to 600 Muslim Canadians a few days ago. The dinner was in an Ottawa banqueting room and the guests also included the imam of the Ottawa mosque, the Ottawa chief of police and sundry uniformed Canadian army officers.
The imam sat between me and the Canadian capital's top cop – a genuinely decent guy who wanted Muslim Canadians to regard him as a friend – and we were even able to joke about the reality of those "random checks" which Muslims of Middle Eastern origin and a certain R Fisk seem to receive at North American airports. All well and good, then, until I got up to speak.
I warned the audience they might not like all they heard from me. And sure enough, when I told the audience that they were perfectly at liberty to condemn Israel and America – indeed, that they should condemn both when they abuse human rights, occupy other people's countries and shoot innocent civilians – but that I wanted to know why I so rarely heard them condemn the vicious police states in the Middle East and other areas of south-west Asia from which they originally came, I was greeted with silence. A smattering of Muslim diplomats sat like statues, thus identifying the cruelty of their regimes. The only immediate applause came when I remarked that the moment Western soldiers started shooting at Muslims in Muslim lands, it was time for the soldiers to withdraw.
Click on the photo of Mohamed to see all items related to him. JUNE 2017: Mohamed Harkat once again faces deportation to his native Algeria after the Supreme Court of Canada declared the federal government’s security certificate regime constitutional.
This fight is not over. The Justice for Mohamed Harkat Committee will re-double its efforts to see that justice is done for Mohamed Harkat and that the odious security certificate system of injustice is abolished once and for all.
